Abrogating Article 370 Will Be Biggest Anti-national Work: CM

JAMMU: Jammu and Kashmir Chief Minister Mehbooba Mufti on Monday said that removing Article 370 would be “biggest anti-national” work. She even said that it would “create” an atmosphere of insecurity.

“If we injured the spirit of Article 370,” Mehbooba told the J&K Legislative Assembly today, “there won’t be bigger anti-national work than this. Those people, who are trying to do that, are the biggest anti-nationals and we shall fight them.”

Notable to mention, the ruling coalition partner, BJP’s election manifesto had vouched to abrogate the “special status” to J&K guaranteed under Article 370. More so, many right-wing NGOs and think tanks have sought legal intervention to abrogate Article 370.

“I know there have been attempts made to use the judiciary to try to play with the spirit of Article 370, but they, who are doing it, don’t know they are harming India and its interests,” she said without identifying the people.

On Saturday, former Chief Minister Omar Abdullah had warned Mehbooba in the legislative assembly that BJP was planning to use judiciary for “bulldozing state’s special position guaranteed under Article 370”.

“Those, who among us, think BJP has given up the issue of Article 370 are mistaken as they have realised that it can’t undo Article 370 through legislature but will do it through judicial means, conceding that it could not use legislature to do so,” Omar Abdullah had said.

Mehbooba on Monday, however, responded saying that the moment someone tries to abrogate “this uniqueness of Jammu and Kashmir, it will have an adverse impact in the valley and will encourage people who want to settle people of one colour and one religion in the Valley”.

“This Muslim majority state should send a message to the world and answer Donald Trump’s Muslim ban by welcoming Kashmiri Pandits to Valley. Kashmir cannot be allowed to become another Syria or Afghanistan,” she observed.

Earlier this month, the state government had to challenge a PIL filed in the Delhi High Court by Advocate Surjeet Singh arguing that the amendment made to Article 368 of constitution shall be made applicable to the state of J&K. But the court prima facie observed that Delhi HC has no jurisdiction to it, to which the counsel for other side responded that judges of the High Court take oath under constitution of J&K.

The high court had recently challenged provisions of Article 370, while hearing a PIL, which challenged the Constitution Order 1954 that adds a proviso to Article 368 of the Indian Constitution.

The proviso to Article 368 (power of Parliament to amend the Constitution and procedure thereof) says “no such amendment shall have effect in relation to the Jammu and Kashmir unless applied by order of the President under clause (1) of Article 370″.

Article 370 grants special autonomous status to the State of Jammu and Kashmir which makes it clear that any law, including Constitution amendments, will not be applicable to the State unless applied by an order of the President under this article.

Former Chief Minister Omar has also alleged that it was not the Agenda of Alliance document of ruling PDP-BJP coalition government, but National Security Advisor Ajit Doval’s doctrine which is being implemented in the state of Jammu and Kashmir.

“The state is run by Mufti (Mohammad Sayeed) Doctrine. I don’t know any Doval Doctrine or Dulat Doctrine, but if any doctrine helps us to implement Mufti Doctrine, I will welcome that,” Mehbooba said.
 

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